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2023 Supreme(Online)(JHK) 7687

HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
MEHTAB ALAM – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
B.A./11783/2022



A person is entitled to bail if he is innocent and has committed no offence.

Headnote:

Fact of the Case:

The petitioner was arrested in connection with Hazaribag Sadar P.S. Case No.267 of 2022 registered under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

Finding of the Court:

The court found that the petitioner was innocent and had committed no offence. The court also found that the offence under Section 420 IPC would not be made out as the case had been instituted on the basis of some misunderstanding and the matter had been amicably settled.

Issues: Whether the petitioner was guilty of the offences under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

Ratio Decidendi: The court held that the petitioner was entitled to bail as he was innocent and had committed no offence.

Final Decision: The court allowed the bail application and ordered the petitioner to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B. A. No. 11783 of 2022

Mehtab Alam

.

.... .. ... Petitioner(s)

Versus

The State of Jharkhand.

.. ... ...Opp. Party(s)

...........

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

.........

For the Petitioner

: Mr. Randhir Kumar, Advocate

For the State

: Mr. N. K. Ganjhu, APP

…...

04/ 02.01.2023. Petitioner above-named has moved this Court for grant of regular bail

in connection with Hazaribag Sadar P.S. Case No.267 of 2022 registered

under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

Heard the parties.

It is submitted that the petitioner is innocent and has committed no

offence.

It is submitted that offence under Section 420 IPC will not be made out

as the case has been instituted on the basis of some misunderstanding. Further

the matter has been amicably settled and a compromise petition has also been

filed.

Learned APP for the State has vehemently opposed the prayer.

Considering the submissions of learned counsel and the fact as

discussed above, the bail application is allowed. Accordingly, the petitioner

named above shall be released on bail on furnishing bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand) with two sureties of the like amount each to

the satisfaction of learned Court below.

(Gautam Kumar Choudhary, J.)

Sandeep/

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